Bid Protest & Best Value
How To Attack Best Value Trade-Off in Bid Protests
KBS, Inc., of Richmond, Virginia, protests the award of a contract to Blueridge General, Inc., of Norfolk, Virginia under request for proposals (RFP) No. N40085-10-R-3002, issued by the Department of the Navy, Naval Facilities Engineering Command for exterior renovation and replacement of the roof of Building 3 at the Naval Medical Center in Portsmouth, Virginia. KBS challenges the evaluation of its proposal and the agency’s best value tradeoff determination. The GAO Protest was denied simply the protestor failed to show that the agency’s evaluation and best value tradeoff was unreasonable.
In Bid Protests Agency Only Has to Make a Rational Decision and Not Be Arbitrary
When bid protest lawyers file a GAO protest, making the argument of improper agency decisions must be supported with both case law and evidence. Under administrative law, the agency generally wins business judgment decisions because the burden to defeat the agency is very high for bid protest law firms. The agency’s decision simply has to be rationale and not violate the rules.
More specifically, the agency’s action and decisions only have to make sense. This is generally called the ‘rational basis test.’ To successfully prevail, the agency’s evaluation must be unreasonable, contrary to the award criteria in the solicitation, or a clear violation of law.
This yet another reason that contractors who intend to file a protest should seriously consider not filing on their own with proper legal guidance from their lawyers. See the full decision.